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<DIV>I am wondering if anyone has sample form(s)?</DIV>
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<DIV>My client has been served with a foreclosure complaint and summons. I
have explained repeatedly that B of A has no right to foreclose. Client’s
parents were the borrowers. A year or so before they borrowed from BofA they
gave house to client retaining a life estate on it. Title company goofed
and didn’t notice the deed. Title company has admitted that goof, and I
have told bank to go collect on lender’s title policy. Parents died many
years ago(way more than 2). Because all they could encumber was a life
estate, and the life estates are long gone, foreclosure compalint of the house
should be cancelled by summary judgment. No action against parents’ estates in
the 2 years since they died.</DIV>
<DIV> </DIV>
<DIV>Anyone have a summary judgment forms that would be similar that I can work
off of?</DIV>
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<DIV>I will be asking for attorney fees under RCW 4.84.330 (contract provides
for attorneys’ fees = prevailing party collects). I will put that in the
answer as well.</DIV>
<DIV>I have pointed all this out many times over the last several years to
various collection bureau’s, so I would think the complaint to foreclose
violated CR 11, except that the collection bureau probably didn’t pass on the
info to the attorney. I don’t need CR 11 anyway because of 4.84.330.
Maybe if they oppose the summary judgment motion?</DIV>
<DIV> </DIV>
<DIV>thanks</DIV>
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<DIV style="FONT-SIZE: 12pt; FONT-FAMILY: 'Calibri'; COLOR: #000000">Joshua F.
Grant, PS<BR>Attorney at Law<BR>P. O. Box 619<BR>Wilbur, WA 99185<BR>tel 509 647
5578<BR>fax 509 647 2734<BR></DIV></DIV></DIV></BODY></HTML>